Albany board OKs medical tattoo business on New Scotland Ave.

Exterior of 372 New Scotland Ave. where Albany Common Councilmember Judy Doesschate is challenging the city's Planning Department's determination that a para-medical micropigmentation business is allowed to operate on Friday, Nov. 9, 2018, on Western Ave. in Albany, N.Y. (Will Waldron/Times Union) less

Exterior of 372 New Scotland Ave. where Albany Common Councilmember Judy Doesschate is challenging the city's Planning Department's determination that a para-medical micropigmentation business is allowed to ... more

Exterior of 372 New Scotland Ave. where Albany Common Councilmember Judy Doesschate is challenging the city's Planning Department's determination that a para-medical micropigmentation business is allowed to operate on Friday, Nov. 9, 2018, on Western Ave. in Albany, N.Y. (Will Waldron/Times Union) less

Exterior of 372 New Scotland Ave. where Albany Common Councilmember Judy Doesschate is challenging the city's Planning Department's determination that a para-medical micropigmentation business is allowed to ... more

ALBANY - A medical tattoo business that primarily serves cancer patients got the go-ahead from the city's Board of Zoning Appeals Wednesday after challenges from residents and a Common Council member that it couldn't operate in a residential neighborhood.

Colour Cosmetic Studio owner Kathleen Cronin bought 372 New Scotland Ave. earlier this year to move her paramedical micropigmentation services to a more central location.

Cronin and her daughter, Nora Quinn, restore areolas and nipples after mastectomies and repair scars or hair loss from surgery, injury, or medical conditions like alopecia.

But their move from Western Avenue in Guilderland to the former chiropractor’s office on New Scotland Avenue has been met with resistance from some neighbors and Common Council member Judy Doesschate, who say Colour Cosmetic is more akin to a personal or business use, like a tattoo parlor, not a doctor’s office and thus cannot be in a residential district.

"I would have preferred more process," Berkley said of his decision to reverse, noting that he wanted the process to be as open and transparent as possible.

Those in favor of the business opening up in their community emphasized the vibrancy the mix of business and residential creates for their neighborhood, and didn't see it as being a detriment.

For those opposed to Colour Cosmetic opening at the New Scotland site, process was a key concern that some felt hadn't been followed properly.

The Helderberg Neighborhood Association initially questioned Spencer’s determination that the studio’s operations were grandfathered in due to 372 New Scotland previously being used as a chiropractor’s office.

The neighborhood association had alleged the city misrepresented the business by designating it an office and skirted the process that would be prompted if it had been designated as a personal or business use, which would require a conditional use permit, but in a letter posted on the association's Facebook page Tuesday it took a neutral approach.

Association board members said they had communicated with others, including Spencer and Cronin, and recognized the importance of all perspectives.

It did not give a definitive position on whether the business should be allowed to operate at 372 New Scotland, but rather emphasized the need to provide a forum for informed discussions.

“We believe it is in the best interest of the neighborhood to present factual, unbiased information, particularly on emotionally charged topics such as this one,” the association’s board members wrote. “We have done our best to meet this objective and encourage each of you to examine the issue for yourselves while the city continues to deliberate on the matter.”

Doesschate, who lives across the street from 372 New Scotland on the corner of Ramsey Place, has emphasized she’s not opposed to the business but is concerned about the precedent. She said in a recent neighborhood update email that Cronin – the applicant – didn’t provide evidence to show her proposed business would be a legal nonconforming use.

“This zoning determination, if left unchallenged, could have significant, and potentially dire, consequences across the city,” Doesschate said. “There are hundreds of illegal nonconforming uses throughout the city that the (chief planning officer, in this case, Spencer) could deem to be legal in this manner – with no notice to nearby property owners and little to no proof.”

Cronin said board members made the right decision.

"I think we rely on public opinion to make decisions, and the public has spoken," she said.

Doesschate said she will discuss the next steps with residents.

The councilwoman filed a notice of claim, a precursor to a lawsuit, against the city in the matter in November. She said that was done because of time constraints, but isn't sure if she'll move forward with the suit.

"A lot of people in the neighborhood have expressed a tremendous amount of support (for the stance) I've taken in wanting to see the procedures followed in the zoning," Doesschate said. "I hope regardless of what happens there is further consideration on these non-conforming use claims requiring evidence as code anticipates."